Superior Proside, Inc. - Page 2




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          are:  (1) Whether Thomas L. Murdock (Murdock) was an employee of            
          petitioner for Federal employment tax purposes during 1995                  
          through 1997 and, if so, (2) whether petitioner is entitled to              
          relief under section 530 of the Revenue Act of 1978, Pub. L. 95-            
          600, 92 Stat. 2885, as amended (Section 530).                               
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.  For convenience, FICA and FUTA taxes are collectively           
          referred to as employment taxes.                                            
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated, and the stipulated             
          facts are incorporated in our findings by this reference.                   
          Petitioner’s Organization and Operations                                    
               Petitioner is an S corporation that was incorporated in                
          Pennsylvania on or about September 21, 1987.  At all relevant               
          times, petitioner’s principal place of business was located in              
          Levittown, Pennsylvania.                                                    
               Since its organization, petitioner has operated as a siding            
          contractor and residential remodeling service.  This activity was           
          and is petitioner’s only business and only source of income.                
          Murdock has been the sole shareholder of petitioner from the time           
          of its incorporation and throughout 1995, 1996, and 1997.                   








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